Karnataka High Court
Nagappa S/O. Sangappa Kandur vs Rachappa S/O. Basappa Hadimani on 21 August, 2013
Author: A.N.Venugopala Gowda
Bench: A.N.Venugopala Gowda
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 21 s t DAY OF AUGUST 2013
BEFORE
THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA
WRIT PETITION No.76744 OF 2013 [GM-CPC]
BETWEEN:
NAGAPPA S/O. SANGAPPA KENDUR
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O. HALADUR, TQ: BADAMI,
DIST: BAGALKOT
... PETITIONER
(By Sri. B.K MALLIGAWAD ADV.)
AND:
RACHAPPA S/O. BASAPPA HADIMANI
AGE: 67 YEARS, OCC: PENSIONER,
R/O. VIDYANAGAR, TQ.BAGALKOT,
DIST: BAGALKOT
... RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF CONSTITUTION OF INDIA PRAYING TO:
A. QUASH PROCEEDINGS IN WP.NO.5/2009,
PENDING BEFORE THE COURT OF CIVIL
JUDGE (SR.DN.) AND JMFC AT BADAMI
AS DECREE IS UNEXECUTABLE WHICH IS
IN NULLITY AS SAME IS AGAINST THE
DEAD PERSON ADN INSEPARABLE SO
ABATES IN ENTIRELY.
B. DIRECT TO THE TRIAL COURT TO
DISPOSE OFF EXECUTION PETITION BY
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CONSIDERING MEMO DATED 04/03/2010
VIDE ANNEXURE 'C'.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING, THIS DAY, THE COURT
MADE THE FOLLOWING: -
O R D E R
The respondent has died. As and when his legal representatives come on record and seek further orders in E.P. No.5/2009, it is open to the petitioner to request the execution court to consider his memo dated 04.03.2010 as at Annexure 'C' and pass order.
The writ petition is disposed of accordingly.
SD/-
JUDGE Ct:byg/-
RK/-